No house yet bought for Emma MhicMhathúna's children, High Court told

By Ann O'Loughlin

The case of Emma MhicMhathúna, who died of cancer nine days ago, was raised in the High Court today.

The mother of five who settled for €7.5m her action over her CervicalCheck smears was buried last week after losing her battle with cancer which had spread to her brain.

Mr Justice Kevin Cross was today told that a house has still not been purchased for the MhicMhathúna children.

Counsel Patrick Treacy SC said it was Emma's wishes that a house be bought in the names of her five children. At a previous court hearing last July, further funds were released so that €1.75m was available for the purchase of a home in Dublin.

Counsel asked that the case be adjourned to next week when the court will be further updated on the matter.

Last July the court heard Ms MhicMhathuna was to move near Dublin where she was receiving medical treatment. At that time Mr Justice Kevin Cross directed that a further €650,000 be released to the 37-year-old mother of five so she has a fund of €1.75m to buy a house near Dublin.

Her counsel Parrick Treacy told the court it had been originally thought Ms MhicMhathuna would buy a house in Kerry, but a house they had been intending to purchase in Kerry turned out not to be suitable.

Emma MhicMhathúna and her five children who sued over her CervicalCheck smears settled their legal action for €7.5m last June.

Liability was also admitted in the case by the HSE and US laboratory Quest Diagnostics Incorporated.

Letters of apology from the HSE and Quest were also sent to Ms MhicMhathuna.

Patrick Treacy SC for Ms MhicMhathúna instructed by Cian Carroll solicitor at the time said the admission of liability by the HSE related to failing to disclose the findings of cervical cancer. Quest Diagnostics admitted misreading her two cervical smear slides in 2010 and 2013.

The settlement followed mediation talks.

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